In 10-hour standoff, Newburgh suspect 'scared' of surrendering

Lembhard brother caught after talks, struggle

CITY OF NEWBURGH — Michael Lembhard's older brother was caught by police about 4 p.m. Wednesday after he bolted out the window of a home where he had been holed up for 10 hours.Gosford Lembhard, 26, was expected to go out the front door while family members, who had stayed with him inside the home at 57 Liberty ...

CITY OF NEWBURGH — Michael Lembhard's older brother was caught by police about 4 p.m. Wednesday after he bolted out the window of a home where he had been holed up for 10 hours.

Gosford Lembhard, 26, was expected to go out the front door while family members, who had stayed with him inside the home at 57 Liberty St., left through a first-floor window. He instead hopped out the window behind his younger brother, Basil Lembhard, and tried to run.

Police tackled him as he climbed onto a neighbor's porch. Lembhard's family and others who had gathered at the scene swarmed in at the same time as city cops, SWAT team members, troopers and U.S. marshals, who had been stationed throughout the neighborhood since 6 a.m.

Gosford Lembhard and police fought as other officers tried to hold off the crowd. The fight continued even after Lembhard was stunned with a Taser, and authorities eventually hauled him by his legs and arms into an SUV.

The chaotic scene ended a standoff that began at 5:55 a.m. when U.S. marshals, as part of a violent felony warrant squad, raided the home. Gosford Lembhard was wanted on charges that included attempted murder after he was accused of firing a gun on Sept. 9 into a car and nearby building in Newburgh. The Orange County indictment against Lembhard was handed up in mid-November.

Lembhard, who was free on $75,000 bond, was scheduled for arraignment on Nov. 16, but he didn't show. His attorney, Michael Sussman, told Judge Robert Freehill he believed his client might have gone to visit relatives out of state before learning of the indictment.

Freehill rescheduled the arraignment for Nov. 19. Lembhard was once again a no-show.

"This morning, I'm advised he's still in Massachusetts, where he's expected to remain through Thursday," Sussman told the judge on Nov. 19. He said he explained to the family that these were serious charges, and his client needed to be there.

Chief Trial Assistant District Attorney John Geidel then asked Freehill to issue an arrest warrant, and the judge did so. Newburgh police Chief Michael Ferrara said they had numerous tips that Gosford Lembhard was hiding, possibly with a gun, in the two-story brick house. Arlene Lembhard, his mother, said he had arrived about 3:30 a.m. Wednesday.

"I was going to try to talk him into turning himself in," she said.

When the marshals came through the door, Gosford Lembhard raced to a back room with his two brothers, his 10-year-old niece and one of the brother's girlfriends and locked the door, according to relatives. That's where they stayed as police negotiators, activist Omari Shakur, relatives and Sussman tried to persuade him to come out.

Relatives said Gosford Lembhard was unarmed and the others stayed of their own free will. He appeared ready to leave several times throughout the day and even talked to reporters during a speaker phone conversation with the mother of his two children, Tiara Quider. In those conversations, he claimed the authorities manufactured the charges against him and intimidated witnesses. He worried for his safety if he surrendered, he said.

"I'm scared now because of how they did my brother," he said.

Michael Lembhard was shot and killed by police on March 7 a few blocks away after he allegedly lunged at them with a knife. Sussman and Quider tried to convince Gosford Lembhard he'd be safe with so many witnesses and cameras watching. Police allowed Sussman to put on a bullet-proof vest at 12:40 p.m. and enter with Sgt. Richard Carrion, who was handling negotiations. Arlene Lembhard also entered about 2:20 p.m., but emerged alone 20 minutes later.

Negotiations continued through the afternoon, and Sussman said later, he thought they were very close to a peaceful surrender. Despite the chaotic final moments, Sussman praised police for their "restraint" and said Ferrara exhibited "excellent leadership."

"The ending was worse than it could have been and better than it could have been," Sussman said.

Ferrara said it was their goal for everyone to emerge safely, and that's what happened.

"It's over," he said. "It's over."

Times Herald-Record staff writer Heather Yakin contributed to this report.